DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of claims 4-22 in the reply filed on 10/14/25 is acknowledged.
Claim 23 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/14/25.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 4-22 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 10,348,350; claims 1-18 of U.S. Patent No. 10,833,717; claim 1 of U.S. Patent No. 11,658,693. Although the claims at issue are not identical, they are not patentably distinct from each other because all patents and the instant application disclose mouthpiece comprising an audio port, wherein the mouthpiece is removably securable to a tooth of a user; an infrastructure communication device configured to transmit and/or receive signals between the mouthpiece and a remote communication device; and a relay component configured to communicate with the mouthpiece component.
Application 18/303440
Patent No. 10348350
4. communication system comprising:a mouthpiece comprising an audio port, wherein the mouthpiece is removably securable to a tooth of a user;an infrastructure communication device configured to transmit and/or receive signals between the mouthpiece and a remote communication device; anda relay component configured to communicate with the mouthpiece component.
1. A two-way communication system, comprising: a mouthpiece component having a housing which is configured for temporary securement upon a tooth or teeth of a user, wherein the housing has at least one integrated antenna, and wherein the housing has an actuator configured to provide bone conduction sound transmission into the tooth or teeth of the user; an infrastructure communication device configured to transmit or receive signals from the mouthpiece component to a remote communication device; and a relay component in communication with the mouthpiece component and configured to interface between the mouthpiece component and the infrastructure communication device, wherein the mouthpiece component further comprises a microphone integrated within the housing, wherein the housing has a housing first portion and a housing second portion, wherein the housing first portion has the microphone and the housing second portion has the actuator, wherein the housing first portion and the housing second portion are configured to be on opposite sides of the tooth or teeth when the housing is secured to the tooth or teeth, and wherein the housing second portion is configured to contact the tooth or teeth when the housing is secured to the tooth or teeth.
Application 18/303440
Patent No. 10833717
4. communication system comprising:a mouthpiece comprising an audio port, wherein the mouthpiece is removably securable to a tooth of a user;an infrastructure communication device configured to transmit and/or receive signals between the mouthpiece and a remote communication device; anda relay component configured to communicate with the mouthpiece component.
1. A two-way communication system, comprising: a mouthpiece configured for temporary securement upon a tooth or teeth of a user, wherein the mouthpiece has a first reference point and a second reference point, wherein the mouthpiece has a first configuration and a second configuration different from the first configuration, wherein when the mouthpiece is in the first configuration, the first reference point is farther from the second reference point than when the mouthpiece is in the second configuration, wherein the mouthpiece has a first portion and a second portion, wherein the first portion is coupled to the second portion via a connector, wherein the connector extends partially around a posterior-most tooth of the tooth or teeth when the mouthpiece is secured upon the tooth or teeth; an antenna integrated with the mouthpiece, wherein the antenna is insensitive to positioning upon a left or right side of the user's dentition; a microphone assembly within the mouthpiece, wherein the microphone assembly has a microphone, an air cavity, and an attenuator, wherein the air cavity is between the microphone and the attenuator, and wherein the air cavity is at least partially formed by a substrate defining a channel to the microphone; an infrastructure communication device configured to transmit or receive signals from the mouthpiece to a remote communication device; and a relay component configured to communicate with the microphone.
Application 18/303440
Patent No. 11658693
4. communication system comprising:a mouthpiece comprising an audio port, wherein the mouthpiece is removably securable to a tooth of a user;an infrastructure communication device configured to transmit and/or receive signals between the mouthpiece and a remote communication device; anda relay component configured to communicate with the mouthpiece component.
1. A communication system comprising: a mouthpiece comprising an audio port and a tooth contact portion, wherein the audio port is opposite the tooth contact portion, and wherein the audio port is removably securable to a tooth of a user; wherein the mouthpiece further comprises a microphone, an air cavity, and an attenuator, and wherein the air cavity and the attenuator are between the microphone and the audio port; an infrastructure communication device configured to transmit and/or receive signals from the mouthpiece to a remote communication device; and a relay component configured to communicate with the mouthpiece.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 4-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abolfathi (US 20090208031).
Regarding Claim 4, Abolfathi discloses communication system comprising: a mouthpiece comprising an audio port (Paragraphs 0049-0050; Figures 1A-1C; audio port being equivalent to bone conductor transducer 9); wherein the mouthpiece is removably securable to a tooth of a user (Paragraphs 0049-0050; Figures 1A-1C); an infrastructure communication device configured to transmit and/or receive signals between the mouthpiece and a remote communication device (Paragraphs 0049-0050, 0053; Figures 1A-1C; infrastructure communication device being equivalent to linking unit transceiver 8; remote communication device equivalent to sound source music player 2); and a relay component configured to communicate with the mouthpiece component (Paragraph 0058; Figures 1B; relay component equivalent to cellular device 3B which acts as a relay between base station 5B and transceiver linking unit 8 within mouthpiece).
Regarding Claim 5, Abolfathi discloses wherein the audio port is on a surface of the mouthpiece (Paragraphs 0049-0050; Figures 1A-1C).
Regarding Claim 6, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the audio port faces a palate of the user (Paragraphs 0049-0051, 0053; Figures 1A through 2A).
Regarding Claim 7, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the audio port faces the tooth or another tooth (Paragraphs 0049-0051, 0053; Figures 1A through 2A).
Regarding Claim 8, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the position of the audio port prevents tongue contact with the audio port during speech (Paragraphs 0049-0051, 0053; Figures 1A through 2A).
Regarding Claim 9, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the position of the audio port prevents cheek contact with the audio port during speech (Paragraphs 0049-0051, 0053; Figures 1A through 2A).
Regarding Claim 10, Abolfathi discloses wherein sound for outgoing audio transmissions is capturable via the audio port (Paragraphs 0049-0051, 0053; Figures 1A through 2A).
Regarding Claim 11, Abolfathi discloses wherein the mouthpiece comprises a tooth contact portion, and wherein when the mouthpiece is secured to the tooth, the tooth contact portion is in an interproximal space between the tooth and an adjacent tooth (Paragraphs 0049-0051, 0053; Figures 1A through 2A).
Regarding Claim 12, Abolfathi discloses wherein the tooth contact portion and the audio port are on opposite sides of the mouthpiece (Paragraphs 0049-0051, 0053; Figures 1A through 2A; 2C).
Regarding Claim 13, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the tooth contact portion and the audio port are on opposite sides of the tooth (Paragraphs 0049-0051, 0053; Figures 1A through 2A; 2C).
Regarding Claim 14, Abolfathi discloses wherein the mouthpiece comprises a connector between the audio port and the tooth contact portion (Paragraphs 0049-0051, 0053; Figures 1A through 2A; 2C).
Regarding Claim 15, Abolfathi discloses wherein the audio port and the tooth contact portion are flexible away from each other via the connector (Paragraphs 0049-0051, 0053; Figures 1A through 2A; 2C).
Regarding Claim 16, Abolfathi discloses wherein the mouthpiece comprises an air cavity between a microphone and the audio port (Paragraphs 0049-0051, 0053; Figures 1A through 2A; 2C).
Regarding Claim 17, Abolfathi discloses wherein the microphone is opposite the audio port (Paragraphs 0049-0055; Figures 1A through 2A; 2C).
Regarding Claim 18, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the microphone and the audio port are on the same side of the tooth. (Paragraphs 0049-0055; Figures 1A through 2A; 2C).
Regarding Claim 19, Abolfathi discloses wherein when the mouthpiece is secured to the tooth, the microphone is farther from a palate of the user than the audio port (Paragraphs 0049-0055; Figures 1A through 2A; 2C).
Regarding Claim 20, Abolfathi discloses wherein the mouthpiece has a first attenuator between the air cavity and the audio port (Paragraphs 0049-0055; 0046, 0093, 0111; Figures 1A through 2A; 2C).
Regarding Claim 21, Abolfathi discloses wherein the mouthpiece has a second attenuator between the first attenuator and the audio port (Paragraphs 0049-0055; 0046, 0093, 0111; Figures 1A through 2A; 2C).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 22 rejected under 35 U.S.C. 103(a) as being unpatentable over Abolfathi (US 2009/0208031) in view of Mersky (US 2012/0232332).
Regarding Claim 22, Abolfathi discloses communication system comprising: a mouthpiece comprising an audio port and tooth contact portion (Paragraphs 0053; 0069-0071; Figures 2A-2C; audio port being equivalent to electronics and/or transducer assembly 16 which generates audio according to Paragraph 0053 which discloses electronic and transducer assembly may receive incoming sounds either directly or through a receiver to process and amplify the signals and transmit the processed sounds via a vibrating transducer element coupled to a tooth or other bone structure. Paragraph 0053 also discloses mouthpiece including a housing having a shape which is conformable to at least a portion of at least one tooth); wherein the audio port is opposite the tooth contact portion (Paragraph 0071, Figure 2C; audio electronics and/or transducer assembly 16 being illustrated as opposite and directly across tooth retaining portion 23, where both tooth retaining portions 21, 23 supported by an arch 19); an infrastructure communication device configured to transmit and/or receive signals between the mouthpiece and a remote communication device (Paragraphs 0049-0050, 0053; Figures 1A-1C; infrastructure communication device being equivalent to linking unit transceiver 8; remote communication device equivalent to sound source music player 2); and a relay component configured to communicate with the mouthpiece component (Paragraph 0058; Figures 1B; relay component equivalent to cellular device 3B which acts as a relay between base station 5B and transceiver linking unit 8 within mouthpiece).
Abolfathi does not disclose wherein the audio port is removably securable to a tooth of a user. However, Mersky discloses wherein the audio port is removably securable to a tooth of a user (0021, 0026, 0038; Figure 1-2; releasably securing the receiver assembly to the band so that the transduced vibrations are conducted to the cochlea via the dental bone conduction pathway). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify audio port electronics and/or transducer assembly 16 of Abolfathi to be removably securable to a tooth, since both Abolfathi and Mersky identically disclose an audio port transducer coupled to a tooth of a user in Paragraph 0053 of Abolfathi and Paragraph 0026 of Mersky, and both Abolfathi and Mersky identically disclose sound being transmitted via a dental bone conduction pathway in Paragraphs 0050, 0053, Figure 1C of Abolfathi; and Paragraphs 0021, 0038 of Mersky.
Conclusion
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/ANKUR JAIN/ Primary Examiner, Art Unit 2649